YOEL ROMERO, PLAINTIFF-RESPONDENT, v. GOLD STAR DISTRIBUTION, LLC, D/B/A GOLDSTAR PERFORMANCE PRODUCTS, A BUSINESS ENTITY, DEFENDANT-APPELLANT., 468 N.J. Super. 274

Summary

HOLDINGS: [1]-In an action by a professional athlete against an LLC that made and sold weight loss products, the trial court properly denied the LLC's motion to vacate the default judgment, R. 4:50-1, because, inter alia, its president acted to avoid service and failed to exercise due diligence thereafter to determine why the insurance company was not protecting the LLC's interests; [2]-The LLC failed to show excusable neglect because, inter alia, it was obligated to have a proper protocol in place to handle and respond to lawsuits; [3]-The trial court properly awarded over $ 3 million in past wage loss under the New Jersey Consumer Fraud Act (CFA) because the award was quantifiable or measurable, not hypothetical or illusory; [4]-The trial court erred in trebling the $3 million award for infliction of emotional distress under the CFA because only ascertainable losses are recoverable.